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Bering Strait Incident - Out of Character Discussions

This thread is for out-of-character comments by all players - arbiter, disputants, and other nations. If a comment is made in-character by a non-involved party it may be made here - Please distinguish between IC and OOC comments.

Permit me to make this clear at the outset of discussions on this matter - the United Nations Convention on the Law of the Sea, as a unified document, is not relevant to this matter as:

1 - The United Nations does not exist in Wesworld

2 - The body of Admiralty case law and interim agreements that led to the real-world's UNCLOS has not, or has not yet, happened. In so far as possible I will seek period precedents and the decisions of the in-game League of Nations to guide any decision rendered in the matter.

Disputants are invited to make any modifications to their statements or positions they deem fit.

STOP !!!!!!!!

Quoted

Notes:
-- [1]: The Chinese statement alleges that the Zhuhai was in international waters at the time the coast defense guns on Ostrov Ratmanova fired the first warning shots. This is untrue. The primary radio-location rangefinding equipment on Ostrov Ratmanova registered the Zhuhai in a position 18,050 meters (9.746 nm) from the equipment tower, located on the southeastern side of the island. The bearing was registered as 184° S. This range was confirmed by a secondary radio-location rangefinder on the southwestern side of the island, and also by the primary radio-location rangefinder at Nunyamo, on the mainland. These radio-location ranges were confirmed by optical rangefinders. This places the Zhuhai within the claimed twelve nautical mile limit accepted by both Russia and China, meaning that the Zhuhai was within Russian territorial waters. After noting the warning shots, the Zhuhai stopped a registered distance of 16,550 meters (8.936 nm) from the primary RL rangefinder. When the ship crossed out of Russian territorial waters, it was estimated at a range of 15,950 meters from the rangefinder unit. These ranges are accurate to plus or minus thirty meters.

I have no problems playing the bad guy, but not this way !!! Brock has written the coordinates and published them WITHOUT my approval. So either the incident happened definitely outside the 12 nm zone or I will leave the simulation with immediate effect.

As stated above, Parador and I had a misunderstanding about whether or not the Zhuhai was in Russian territorial waters at any time during the Bering Strait Incident. As currently written, a number of my posts indicate the ship is much closer to the shore, and within Russian territorial waters; all of Russia's later reactions were based on this point. However, Parador would like to ensure that Zhuhai stay completely out of Russian territorial waters. This, in turn, might change the degree of how the Russians respond to the ship's presence.

Before we continue, Parador and I need to confer about whether or not we need to retcon anything. We'll probably need to spend a few days making those decisions, so please be patient. :)

RE: question by non-disputant power to the arbiter...

Japan would like to hear from the German arbiter what they think the Chinese would find north of the Bering Strait if the Russians had not done anything.

In character, the arbiter has no opinion on that question; it was not part of his remit. He addressed the matter in his decision thusly:

Quoted

The announcement of the Zhuhai’s departure, following so close upon the opening of discussions of improved economic relations with Russia, and in the face of Russian concerns expressed at those meetings, suggests quite strongly that it was the intention of the Chinese Government to mount the expedition not as an enterprise of exploration but as a deliberate assertion of its rights to freedom of navigation.

Out of character, I have no idea what the Chinese expected to discover beyond the Bering Strait; IMHO, given the technology available at this point in time, any non-pelagic resources could only be found within the territorial waters of those nations bordering the Arctic waters. That would involve questions beyond the scope of the issue at hand.

Quoted

I have no idea what the Chinese expected to discover beyond the Bering Strait

One cannot discover anything which one cannot reach and that is the major point where the German Arbiter fails because that is actually an important aspect to consider.

As I stated, the remit of the Arbiter was limited to the facts at hand and the application of Admiralty Law to those facts. Consideration of what China may have hoped to discover is not germane to the question at hand.

Does this conclusion take account of Brock's earlier post that indicated some retconning might have been required in the IC posts made by Brock and parador?
Either way if the Zhuhai was inside or outside the 12 miles I doubt it would change the outcome of the arbitration.
It's nice to see this wrapped up and perhaps its best to move on, the retconning would have been problematic in any case making most of the IC posts redundant.

Does this conclusion take account of Brock's earlier post that indicated some retconning might have been required in the IC posts made by Brock and parador?
Either way if the Zhuhai was inside or outside the 12 miles I doubt it would change the outcome of the arbitration.
It's nice to see this wrapped up and perhaps its best to move on, the retconning would have been problematic in any case making most of the IC posts redundant.

There was much discussion and it was agreed that no retcon was required.

Quoted

It is Japan's opinion that the German Arbitrator ignored several key known facts when passing his judgement and disagrees with his opinion that the Zhuhai's move was "a deliberate assertion of its rights to freedom of navigation". The Zhuhai's move north was a clear move to annoy the Russians, threaten their sovereignty and espionage.

Now the mission of the Zhuhai was to explore the Artic Sea and investigate whether a northern route to Europe is even possible. Now under normal circumstances Japan would see no problem with this but the timing of the expedition clearly indicates that the Chinese are lying about their mission.

- Key fact number 1. From what China indicates, this is clearly an expedition for the summer, yet they choose to start the expedition in late January, in the middle of the winter when the Artic Ocean is frozen solid and so is most of the Bering Strait. Granted the Zhuhai has some icebreaking capabilities, but considering that the expedition takes place late in the winter, it is unlikely that they would have been able to get anywhere near the Arctic Ocean to carry out their mission. The only way to get there is via key fact number 2 that is general knowledge and the Arbiter completely ignored.

- Key fact number 2. Why should China investigate whether a northern route to Europe is even possible when since the early 1920s the Russians already keep the Northern Sea Route open for strategic purposes. The Russians put a lot of work and effort into keeping this route open, especially in the winter. While mainly a military route, civilian shipping is allowed to make use of the route for a fee similar to fees being paid for transit of the Suez, Panama and Mexican Canals as it costs a lot of money to have the icebreakers keep the route open.

- Key fact number 3. No matter how hard China tries to convince everyone around the world that the Zhuhai is a civilian ship, any normal person would immediately know that it is not. It is armed like a military vessel. It is armored like a military vessel. It is equipped like a military vessel. It is a military vessel regardless of what crew is aboard the ship. The Zhuhai is also assigned to the Second Scouting Force thus further establishing it as a military vessel. China says it is "armed for the sole purpose of self-defense" but looking at the type of guns and amount of guns, it is obvious that it is armed for the sole purpose of fulfilling its job as part of the Second Scouting Force. The true nature of the Zhuhai, that of a military vessel, is no doubt the main reason why the personnel on Big Diomede Island opened fire on the Zhuhai.

- Key fact number 4. China lying that "the Russian Federation triggered the Bering Strait incident by shooting a Chinese ship in international waters WITHOUT REASON AND PROVOCATION." It is known that the Russians warned the Chinese about moving north. The fact that the Zhuhai continued north regardless of these warnings was clearly provocation on the part of the Chinese. Now it is obvious to all that it is impossible to say whether the vessel was truly inside of international waters or not because the Chinese will claim they were not while the Russians will claim that they were. If the Chinese were inside Russian territorial waters, the Russians were well within their right to sink the ship though they refrained from doing so. If the Chinese were inside international waters, their northern course would soon put them in Russian territorial waters, so the Russians were well within their right to fire warning shots at the Zhuhai to indicate they were coming too close to Russian territorial waters. So unlike what the Chinese claimed, there was reason to shoot at the Zhuhai regardless of position and there was provocation on the part of the Chinese that required the personnel on Big Diomede Island to take action. If anything, if the Russians did fire at the Zhuhai while it was still in international waters, they were courteous enough to risk taking the blame for the incident rather than letting the Chinese in at which point the Chinese would be 100% to blame for the incident by illegally entering Russian territorial waters. It should be noted that if the Zhuhai had attempted to move though Japan's territorial waters between its islands, the Zhuhai would have been sunk immediately without warning as such a move is clearly a provocation by a Chinese military vessel and a threat to Japan's sovereignty and the safety of its citizens.

- Key fact number 5. China lying that "the Bering Strait is the only sea route in which the Pacific nations can reach the Arctic Ocean." While it is true that it is more costly, it is much easier to reach it via the Atlantic ocean. Therefore the Bering Strait is not the only sea route available to Pacific nations can reach the Arctic Ocean. Japan will prove this by sending an exploration vessel to the Atlantic soon.

- Key fact number 6. China lying regarding "unjustified stopping of a Chinese vessel is already regarded as an act of piracy". As indicated with key fact number 4, the Russian were well within their rights to act as they did and therefore their actions were justified and therefore not an act of piracy. If anything is unjustified, it would be the act of China illegally entering Russian territorial waters or the act of threatening to illegally enter Russian territorial waters.

- Key fact number 7. China is openly making a threat to consider a non-existing act of piracy as an act of piracy and treat it accordingly.

- Key fact number 8. China claims that the Freedom of the Seas is a principle to which virtually all nations in the world profess is a lie. Japan is certain that landlocked nations care little about this principle as it is useless to them. Also neither Japan nor Pacifica apply the principle. The principle is something set up by European nations a long time ago and neither Japan nor Pacifica were part of it and therefore neither one will accept any laws from Europeans being forced upon them. It should be noted that both nations were interested when Ireland came forward with a proposal for an international agreement for territorial waters, territorial seas, contiguous zones, and areas of maritime responsibility. They were willing to sign such a treaty but unfortunately the talks failed thanks to Germany.

- Key fact number 9. China comparing apples with oranges when comparing the Bering Strait to the Lema Channel. When the Lema Channel is blockaded, millions of Hong Kong people will starve. When the Bering Strait is blockaded, no one will starve, especially no Chinese. It should also be noted that Russia is under no obligation to keep the Northern Sea Route, part of which would run through the Bering Strait in the winter which was when the Zhuhai attempted to move North, open for civilian ships. So while it is a military risk, Russia can let mother nature do the blockading for them. At this point Japan invites China to complain to mother nature about blockading the Bering Strait and accuse her of any unjustified stopping of a Chinese vessel and regard that as an act of piracy and treat it accordingly.

- Key fact number 10. By comparing the Bering Strait and Lema Channel in this manner, China makes an obvious veiled threat that, should the Arbiter have ruled in favor of Russia, China would be allowed to blockade the Lema Channel and actually move forward to do this.

So with these facts that clearly indicate that China is lying about the Zhuhai and its mission and all the other lies that tries to make them look like the victim and the Russians as well as the threats, one has to ask. What was the true purpose of the Zhuhai in the Bering Strait? To Japan it is obvious that the Zhuhai was there deliberately to antagonize the Russians and daring them to shoot at what is supposed to be a civilian ship and also at the same time gather as much information as they can to see if it is possible to invade Big Diomede Island. It had nothing to do with freedom of navigation claimed by the arbiter unless it should be read as "freedom to get stuck in the ice and lose the ship and then blame the Russians for not helping them out".

If it were summer, Japan would agree with the judgement of the German Arbitrator. However the the incident took place in the middle of winter and the situation is completely different, with all the ice making the Bering Strait a dead end near the Diomede islands under normal circumstances so under normal circumstances the Bering Strait is not really a strait leading from one bit of international waters to another bit of international waters at the time of the incident. These important facts should be known, as a matter of fact are general knowledge, and should be applied to any kind of judgement in this case yet they are being completely ignored, dismissed as they are "not within the remit of this tribunal". It is like having recordings of one man murdering another man, have it presented, ignore what is being shown by these recordings and then declare that the murderer is innocent because the recordings are not within the remit of the tribunal. It is therefore Japan's opinion that the Arbitrator sent by Germany was unqualified for this job and Japan considers his judgement of the incident to be invalid. Japan advises Russia to ignore the demand of having to offer an apology for the insult to the Chinese flag and pay compensation and asks the League of Nation's council to overturn this judgement.

In other news regarding the Big Diomede Incident: An unusual move by Japan.

Quoted

Japan would like to confer the Order of the Rising Sun with Paulownia Flowers upon Ambassador Adamov for his bravery in the den of the dragon and refusal to give in to Chinese bullying when he met Prime Minister Kai-Shek.

Japan would like to confer the Order of the Rising Sun with Gold and Silver Rays upon the crews of the guns on Ostrov Ratmanova for their bravery as well as constraint when they engaged the powerful Chinese warship Zhuhai and prevented the Chinese from moving (further) (*) into Russian territorial waters and at the same time avoid a major crisis by deciding not sinking the Zhuhai.

( (*) "further" between brackets as it is not clear to Japan whether the Chinese were in Russian territorial waters or not. To the Japanese they either were or weren't but regardless it would have no influence on the decision to present the awards. )

OOC: while I know that things are different, I cannot apply that knowledge IC and therefore that was given above is what I think Japan's statement regarding the judgement should probably be, considering their relation with both China and Germany. Other nations might argue against it, but it is unlikely that Japan could be convinced to think otherwise.

All in all, well done to Brock and parador for the enjoyable to read incident between China and Russia and well done to Bruce for writing the interesting Judgment part (my apologies for being Japan and having to disagree with it IC).

Onward to the "Sinking the Nanjizhou" incident. Uhm... I mean... uhm.... well there is no murder weapon and there is no body so there cannot have been a murder, right?